Man Indicted for Deed Theft and Mortgage Fraud

Stephanie Abbott —  July 8, 2021 — Leave a comment

Joseph Makhani, 58, Kings Point, Long Island was arrested and indicted today for stealing two brownstones in a complex scheme to defraud owners by using forged deeds and other falsified real estate documents

Makhani targeted the two Harlem brownstones located at 107 West 118th Street and 135 West 131st Street, Harlem, New York, using forged and falsified documents, numerous limited liability corporations under his control, multiple property transfers, an unethical attorney, and abused court processes. Makhani stole the two Harlem brownstones in 2012, and, according to New York state real estate tax filings, he claimed to have only paid $10 for each. Today, the two brownstones have an estimated value of $2.29 million and $1.9 million, respectively. After illegally taking over the two properties, Makhani used forged and falsified documents to cover up his fraud and maintain control of the properties from the true owners’ claims. To this day, Makhani still fraudulently possesses the West 118th Street brownstone, but he lost possession of the West 131st Street brownstone in December 2018 due to unpaid tax liens.

West 118th Street Property

Makhani allegedly used forged deeds and other falsified documents to steal the brownstone located on West 118th Street from an elderly disabled owner. In a New York state tax filing used to further his scheme, a Makhani-controlled corporation claimed to have paid only $10 for the brownstone in 2012. Makhani also falsely claimed that he paid $975,000 for the brownstone when he obtained a $650,000 construction line of credit on the property. Additionally, Makhani fraudulently received a $1.2 million mortgage loan by claiming he had a legitimate title to the stolen brownstone. The elderly and disabled owner of the brownstone never received any money from Makhani for the brownstone, which is now valued at approximately $2.29 million. In 2016 — after renovating the apartments from single room occupancy units to full apartments — Makhani rented each unit out for between $3,000 and $3,400 per month, allowing him to collect a monthly rent income of more than $12,000.

West 131st Street Property

Makhani allegedly illegally transferred ownership of the West 131st Street property in Harlem through the use of fraudulent deeds, shell companies, and strawmen, and by abusing court processes. Prior to Makhani’s fraudulent take over, the last true deed recorded on this property was in the name of an elderly owner who died soon after the deed was recorded in 1975. Allegedly, a beneficiary of the estate looked after the building until his death in 2010. Soon after, a tenant of the building was approached by Makhani, who later returned and told the tenant he had purchased the brownstone. Makhani, through the guise of offering the tenant a job, fraudulently obtained the tenant’s signature in order to misrepresent the tenant as the owner. The tenant, who had not purchased the property and was never the owner of the brownstone, later learned that his signature was forged on a fraudulent deed that had been filed with the City Register’s Office, transferring the brownstone to Makhani’s company, One 35 West Corporation. The Real Property Transfer Report filed along with the fraudulent deed created by Makhani  falsely listed the sale price of the brownstone as $10. When the tenant questioned the validity of the deed in a housing court case, Makhani filed a new forged deed showing that the purported heirs of the last recorded owner from 1975 had transferred the property to Makhani’s One 35 West Corporation. In 2013, the transfer tax documents filed with this deed contained a fake social security number listed for a man who was one of the purported heirs and the seller of the brownstone to Makhani. That social security number, however, belonged to a woman born in 1902. In 2015, Makhani’s One 35 West Corporation and Makhani were fined over $1 million for their failure to install a roof, upgrade the electrical wiring system, and implement an extermination plan for the rodents and cockroaches in the Harlem brownstone. In early 2015, Makhani eventually abandoned the property after the New York City Department of Housing Preservation & Development issued a $1 million judgment. The property was later transferred to a not-for-profit after a tax foreclosure action. Today, the value of the property is estimated at $1.9 million.

Makhani was yesterday charged with one count of Criminal Possession of Stolen Property in the first degree with respect to the brownstone located at 107 West 118th Street; one count of Criminal Possession of Stolen Property in the second degree with respect to the brownstone located at 135 West 131st Street; one count of Residential Mortgage Fraud in the First Degree and one count of Residential Mortgage Fraud in the Second Degree, both with respect to the two residential mortgage loans he obtained for the West 118th Street brownstone; two counts of Falsifying Business Records submitted to a New York bank; and one count of Scheme to Defraud in the First Degree between August 7, 2012 and June 28, 2021 for engaging in a scheme constituting a systematic and ongoing course of conduct to obtain property from more than one person by false or fraudulent pretenses.

The charges are merely accusations and the defendant is presumed innocent unless and until proven guilty in a court of law.

In 1998, Makhani pleaded guilty in federal court to taking part in a scheme involving the bid rigging of foreclosed properties in Queens, New York, and for submission of a false tax return, for which he was fined and sentenced to two months in prison. In 2008, Queens LLC, HPD LLC, and Floor One, LLC, three companies allegedly owned by Joseph Makhani, pled guilty to Falsifying Business Records in the First Degree, a class “E” felony. The criminal complaint alleged that Makhani, personally or through one of his corporations, forged signatures on deeds filed with the New York City Department of Finance to unlawfully gain control of three properties in Queens from their legal owners.

New York Attorney General Letitia James made the announcement.

Homeownership is a critical part of every community, but far too often, individuals like Joseph Makhani conduct elaborate schemes designed to steal New Yorkers’ homes,” said Attorney General James. “Deed theft continues to be a crime that permeates our neighborhoods, and preys upon our most vulnerable, leading to a cycle of displacement and grief. New Yorkers should never have to fear that their homes will be targeted by predatory individuals. My office will continue to collaborate with our government and community partners to bring these schemers to justice and protect these homes.

The Sheriff’s Office is strongly committed to investigating criminal activity concerning real property fraud,” said New York City Sheriff Joe Fucitto. “These crimes are financially devastating to the victims and their families, many of whom are elderly and have spent a lifetime working hard and saving to buy a home. The Sheriff’s Office looks forward to working collaboratively with Attorney General Letitia James and her team.”

The Office of the Attorney General (OAG) wishes to thank the Social Security Administration, the Office of the Inspector General, and Special Agent Gilberto Camilo for their assistance on this case.

The OAG also wishes to thank the New York City Sheriff’s Office and the New York City Register’s Office for their assistance.

Deed theft has become a common tool of career criminals and unscrupulous real estate developers to illegally obtain real estate so they can sell it at a huge profit in high-demand housing markets. This illegal scheme especially affects people of color, the elderly, and other vulnerable homeowners who are scammed into signing over the deeds to their homes to con artists. Deed theft usually happens when scammers forge deeds to look like they purchased the home, or when homeowners are tricked into signing their homes over to a scammer without knowing what they are doing. Scammers then seek to evict the homeowner and sell the house to a third party at a significant profit.

In January 2020, Attorney General James launched the office’s “Protect Our Homes” initiative, a program that uses prevention and enforcement actions to combat deed theft in New York City. The OAG also formed an interagency deed theft taskforce with members that include the district attorneys from all five boroughs in New York City and the Office of the Sheriff of the City of New York. The anti-displacement program builds off these efforts by focusing on the neighborhoods most at-risk of deed fraud, enlisting community members to talk about deed theft with their neighbors, and educating community members about how to spot deed fraud scams.

Those who believe they have experienced deed theft are encouraged to contact the OAG by calling the office’s help line at 1-800-771-7755, emailing, or filling out the online complaint form.

This investigation was conducted by Investigator Angel LaPorte, under the supervision of Supervisors of the Major Case Unit Michael Leahy and Mario Rivera and Deputy Bureau Chief Antoine Karam. The Investigations Bureau is led by Chief Investigator Oliver Pu-Folkes.

The case is being prosecuted by Assistant Attorney General Nazy Modiri of the Real Estate Enforcement Unit, with additional assistance from Assistant Attorney General Gregory Morril and Legal Support Analyst Grace Koh — all under the supervision of Real Estate Enforcement Unit and Public Integrity Bureau Chief Gerard Murphy. Financial analysis was conducted by Audit Investigator Karishma Tukrel, under the supervision of Deputy Chief Auditor Sandy Bizzarro and Chief Auditor Kristen Fabbri of the Forensic Audit Section. The Investigations Bureau, the Real Estate Enforcement Unit, and the Public Integrity Bureau are all part of the Division for Criminal Justice, which is led by Chief Deputy Attorney General José Maldonado and overseen by First Deputy Attorney General Jennifer Levy.

Stephanie Abbott

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